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(영문) 서울중앙지방법원 2015.09.18 2014가단177410
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 29, 2008, the Defendant lent 20 million won to C, who is his/her father, under the Plaintiff’s joint and several guarantee, at the rate of 2% per month.

(hereinafter “instant loan obligations”). B.

On December 31, 2013, the Plaintiff and C filed a lawsuit seeking the payment of the loan under Seoul Central District Court Decision 2013Da1106791 on the ground that the instant loan obligations were not paid by the Plaintiff and C.

On January 9, 2014, the above court rendered a decision of performance recommendation that "the defendant (the plaintiff of this case and the defendant of this case) shall jointly and severally pay to the plaintiff (the defendant of this case) 20 million won and the amount calculated by the rate of 24% per annum from September 29, 2008 to the date of full payment." The plaintiff and C did not raise any objection, and the decision of performance recommendation was finalized on January 29, 2014.

[Grounds for recognition] Gap 1 to 3, 7 evidence, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion C decided to pay 60,000 won as principal and interest on the instant loan obligation to the Defendant, and accordingly, 24,43,00 won each time from October 2, 2008 to October 25, 2010, by paying 60,000 won each time over 407 times. As such, the instant loan obligation was fully repaid.

B. In light of the following circumstances, it is difficult to view that C paid the instant loan obligations to the Defendant, as alleged by the Plaintiff, in light of the respective descriptions of evidence Nos. 4 through 6, No. 2, No. 4, and No. 7, and the purport of the entire pleadings, the Plaintiff’s assertion is without merit.

① There is no evidence to prove that C has agreed to the Defendant to pay 60,000 won each time the principal and interest of the instant loan obligations.

The Defendant loaned 20 million won to C at an interest rate of 2% per month, and if C intended to pay 60,000 won per day, the principal of the above 60,000 won is much among the above 60,000 won, and the interest was to pay for several times until the time or when the interest was to be paid.

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